The complaint, filed by Vestavia Hills attorney David Cowan, requests that a jury consider the case and whether to award Haylee’s father compensatory and punitive damages.

Haylee’s mother and 3-year-old sister were also injured. Her mother suffered multiple fractured vertebrae and her sister lost a tooth.

Chilton County court records indicate that the Burks have been divorced since January 2006.

Blood alcohol tests indicated that Smith’s blood alcohol level was .13 percent, according to documents filed in the criminal cases.

On Wednesday, District Judge Jim Guin ordered Smith to turn in his passport, if he has one, to the court clerk by 4:30 p.m. Prosecutors filed a motion Tuesday, stating that Smith could be a flight risk because of his access to private planes.

Investigators said that Smith had hosted a gathering at Dixie Air where people watched the air show featuring the Blue Angels. The accident happened just before 4:30 p.m., as the family was walking back to their vehicle.

A family friend who didn’t want her name printed said Wednesday that Haylee was a sensitive, smart young girl. She told her mother last year that she wanted to help people here after the April 27 tornado, so they drove here from Chilton County to hand out homemade sandwiches and bottled water to victims and volunteers, the woman said.